This is going nowhere... Guys what are prospects of Grassley winning the Nov elections...I hope he looses

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mwin

07-23 11:12 PM

Just to clarify...., the advance parole should be valid when you are entering the country, not while leaving right?

Well, I have a current advance parole that expires on October 12, 2008 and I applied for a renewal. Once my AP gets approved (assuming the new AP starts from October 12, 2008) I am planning to leave the country in September (before start of second AP) and re-enter after October 12 using my second AP. Do you guys see any problem in this? Of-course, I will leave only if my second AP is approved in before I leave.

As as dated Oct 12, 2008, on or after this date.

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lazycis

12-21 01:31 PM

Here is a shortened version:

1151 d) Worldwide level of employment-based immigrants (1) The worldwide level of employment-based immigrants under this subsection for a fiscal year is equal to— (A) 140,000, plus (B) the number computed under paragraph (2). (i.e. unused family-based visas from the previous year)

1153 (b) Preference allocation for employment-based immigrants Aliens subject to the worldwide level specified in section 1151 (d) of this title for employment-based immigrants in a fiscal year shall be allotted visas as follows: (EB-1) Priority workers Visas shall first be made available in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (4) and (5) (EB-2) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability (A) In general Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraph (1), to qualified immigrants who are members of the professions holding advanced degrees or their equivalent or who because of their exceptional ability in the sciences, arts, or business, will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States, and whose services in the sciences, arts, professions, or business are sought by an employer in the United States. (EB-3) Skilled workers, professionals, and other workers (A) In general Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2), to the following classes of aliens who are not described in paragraph (2): (4) Certain special immigrants Visas shall be made available, in a number not to exceed 7.1 percent of such worldwide level, to qualified special immigrants described in section 1101 (a)(27) of this title (other than those described in subparagraph (A) or (B) thereof), of which not more than 5,000 may be made available in any fiscal year to special immigrants described in subclause (II) or (III) of section 1101 (a)(27)(C)(ii) of this title, and not more than 100 may be made available in any fiscal year to special immigrants, excluding spouses and children, who are described in section 1101 (a)(27)(M) of this title. (5) Employment creation (A) In general Visas shall be made available, in a number not to exceed 7.1 percent of such worldwide level, to qualified immigrants seeking to enter the United States for the purpose of engaging in a new commercial enterprise (including a limited partnership)—

i.e. for each country EB1 gets (140,000 + number of unused FB visas from the previous year) * 0.07 * 0.286 = 2802 + something insignificant, same for EB2 and EB3. If there are unused visas, they go from EB1 to EB2 to EB3, but they are lost at the end of the fiscal year. Unused visas from 4th and 5th category can be added to that number as well (usually in the 4th quarter of the fiscal year). Please note that at the end of the fiscal year per country limits may be lifted if there are unused visas left.

Just to clarify I will not be working in US at all. I will only work in Canada and getting paid in Canada. I will only come to US for personal reasons (meeting fly etc) not work. Can I use the H1 stamp to enter under those circumstances.

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waitin_toolong

11-06 08:29 AM

hey no one checks if you really need it or not, maybe request one for MIL or whoever is more feeble. It always helps the first time. Getting in and out of planes and getting to right place at right time. (you are not charged anything for service, though some tip is always appreciated).

You and spouse will also have an easier time from the time they board to the time you meet them.

People, First of all, if you don�t have answers please dont post junk!

Options:

1. Bring him to USA on F-1. With a good GRE, TOEFL score, an admit from a good university and a true passion to do M.S. will help get a F-1 Visa. Also, your friend can pay for his first semester fees, which will also help to build a strong F-1 case.

2. Look for a job for him in a public/non-profit organization where you don�t have a lot of H-1 restrictions. Ask him to build up his skill set and be prepared to do any kind of employment.

3. I am not too familiar with "Follow-to-join" process, but that might be an option. ***May not be applicable, but just a thought***

4. Like someone mentioned, both of you relocate to Canada, where its easier to get Perm residency.

5. Ask her to apply for Citizenship whenever she is eligible, so that, its much easier to bring the spouse in. ***Might take a few years, but it still is an option***

Hope these help.

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ash12

07-27 02:11 PM

Related to the questions on this thread.

What happens when: AOS has been filed and it is more than 180 days AND dependent has started working on EAD AND primary applicant loses job

Case 1: primary applicant is also on EAD Case 2: primary applicant continues on H1 without using EAD

Do the primary applicant and/or spouse become out of status in either of these situations? Can the primary applicant invoke AC21 and look for another job - how much time does he/she have? i.e. does the AOS filing provide primary applicant a cushion in case of job loss?

Hi - I have seen many scary posts where ppl are asked for W2, Pay stubs etc before filing I-485. What abt after filing I-485? .suppose if I end up being on bench then am I out of status? Pl let me know...It will be a long wait I am not sure it will be easy for us to predit the un-expected......

Please let me know...

Its always safe to have paystubs for atlease 180 days after your 485 receipt date. If they call you for an interview at local office during adjudication, which may happen after anywhere from weeks, months, or years, there are chances that you may be asked to produce paystubs starting from month before interview date all the way back to your first H1 entry into US. Please do not open new threads for these question for which there are several thread opened and are being discussed thru. Why don't you ask this question on one of those post?

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Munna Bhai

01-09 12:50 PM

which service center? You can ask your employer to ask USCIS as 140 is employer's application.

Hi Guys, Have a question about porting from EB3 to EB2 suing the experience I gained from my current employer. Can I fall back to my existing EB3 application if I file EB2 labor and I-140 and these get denied? Please suggest and I am also not sure if the requirement that job descriptions have to be 50% different cam be met. Software Engineer and Principal software engineer jobs have same SOC and DOT codes.

My current job description: (Principal Software engineer): Designs, modifies, develops, writes and implements software programming applications. Coordinates work teams - Provides technical support to project team members and co-ordinate with technical team and Quality assurance team. Provide consultation and expertise in a variety of the field's concepts, practices, and procedures on complex projects. Extensive experience and judgment required to plan and accomplish goals. Experience required is 8-10 years.

Its not fair to criticize USCIS specially just cuz you are frustrated. I believe they have lot bigger issues regarding the illegals, backlog in family-based , and not just employment-based.

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amitkhare77

11-17 01:29 PM

Yes you need the I-94 attached with I-797 in order to apply for change of status (H1 to H4). your employer can not keep I-797. Just tell your employer that you need to apply SSN and you need I-797. Thanks! But if I apply for my own H4, I would require my copy of I797 and the I94 attached to that. My employer doesnt provide me with the copy of those. Would the documents from my husband good enough to apply in US?

One time IO entered my visa type wrongly. Instead of L1-b he wrote H1-b on the I-94. I pointed out his mistake saying "My visa is L1-b. Shouldn't that be L1-b on I-94". He asked me "what visa are you in?". I repeated L1-b. He was angry and said in a raised voice "You should know what visa are you in. You should know". First place he didn't ask me what visa I was in and he made the mistake and jumped on me.

Baseline is IO can make mistakes but we are the one to be affected by that. So make sure your visa type, EAC #, and all other info on I-94 are correct before leaving the counter at POE.

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prem_goel

11-25 01:32 PM

Did you last stamped in Tijuana? Because Rule is just changed. NEW RULE:

Visa Stamping from Canada/Mexico - Read and post experiences : Page 0 (http://www..com/experience/readentries.do?category=22) You can have H1B stamping in Tijuana, only if you had last stamped in Tijuana.

Here is the OFFICIAL link from US Consulate at Tijuana

Visa Services (http://tijuana.usconsulate.gov/niv.html)

Who Can Apply in Mexico

TCN Applicants residing in the United States, seeking to renew their visa in any category except B1/2 (tourist/business), if the current visa was issued in the applicant's country of nationality, former residence, or in Mexico. A spouse or dependent children may apply with the principal visa holder if the principal meets the criteria above. A renewal is a case where an applicant for the same type of visa is made and does not include persons who seek to change from one visa category to another or who are seeking any other type of �change of status� even if that change has been authorized by the Department of Homeland Security.

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WaldenPond

06-29 09:04 AM

Hello jkays94,

Excellent post. The fear of some kind of retribution due to association or participation in standing up to put forward our grievances is something that has, in some way effected every effort for making the change. And often times, this fear is based on lack of knowledge of the system and law.

A friend of mine had sent the information about a book ‘Democracy in America’. And if I may quote from that book -

“In no country in the world has the principle of association been more successfully used, or more unsparingly applied to a multitude of different objects, than in America.”

“The most natural privilege of man, next to the right of acting for himself, is that of combining his exertions with those of his fellow-creatures, and of acting in common with them. I am therefore led to conclude that the right of association is almost as inalienable as the right of personal liberty.”

At the same time, the fear of retribution for some of the members is well understood as we all have families and responsibilities. And everybody’s perception on the level of risk involved and the capacity to take the risk for a cause/purpose is different. We ought to overcome our fears as this is a just cause and we are petitioning to bring back the fairness to the system. The system was never designed or intended to work in a way where it takes 6-12 years for people to get their employment based green cards. And as you rightly pointed out, CIR presents us all with the opportunity to fix the problem. I have lot of respect for Randallemery, who is a born citizen of US and continues to help us in this just cause.

Thank you Randallemery.

WaldenPond

lostinbeta

10-20 10:56 PM

Oh... yeah that makes sense. I just change the spelling so it still shows, it is just grammatically incorrect :P

jambapamba

07-05 12:53 PM

I think so too. They were sh*t scared on the number of apps they were going to receive. And just when they were increasing fees and wanting to show how their performance was going to improve, it became current. It would have been a bad rap for them and fee increase would not have been justifiable.

It is mostly be cause they wanted to teach a lesson to DOS for opening the floodgates. Also, backlogs are one key performance indicator for USCIS and is reported to congress. If 100k, plus people apply right away and another 300k in next couple of months, it would look bad on their records.